Section 37 Report in Contact Order Proceedings

[DCare]

Hello,

I'm hoping to get some advice/insight. I am currently in the process of going through the courts for a contact order to see my children as my ex has cut off all contact since I got remarried. To make a long story short, my ex and I have been apart for over 4 years. She's always encouraged and supported my contact with the children, but has had massive issues with my new relationship. She would use the children to try and control the situation, and cut off contact with me if I even mentioned talking to the children about my new relationship, let alone introduce them. I last saw my children over Christmas last year, and remarried on New Years. Since then, my ex has refused to allow me to see or speak to the children. It's a very messy situation. I filed for a contact order in May, and during the first directions hearing my ex made the abuse claims. These are completely false, and I am pretty confident that this will be proven in court proceedings. However, at the last hearing, the judge called for a section 37 report to be made, and based it on the fact that if the allegations were in fact true, my ex has failed to protect the children, but then he also noted that allegations have never been made before I got remarried, and that there is no history at all of abuse. The judge also referred to the evidence I have of ex threatening me that I would never see the children again if I introduced or spoke of my new partner to the children.

I'm very concerned about he section 37 report, and don't know what to expect. Will I get a chance to be interviewed as well? Or will they only speak to my ex and the children? The judge has ordered the report to be completed by the end of the month, but I haven't been contacted by anyone for an interview...

When the allegations were initially made, I was contacted by SS, but have never heard anything since. All investiagtions on me have come back clean as there has never been an incident ever.

Any adive or insight into what this all means, or what I should be doing would be greatly appreaciated.

[DCare]

Bumping as hoping someone will read and be able to tell me a bit about the process of a section 37 report...

From what I've been able to research, I should be interviewed as a part of this process as well? The court has ordered the report to be completed by the end of the month, but I haven't heard from anyone, and don't have any contact infor for anyone in SS.

[Suzie, FRG Adviser]

Dear DCare,

Welcome to the parents forum. I am so sorry to hear that you have not had contact with your children for such a long time.

I can see from your post that the court are worried that your children may be at risk of suffering significant harm. The court do not know whether Mums allegations against you are true or false. If they are true then they would be worried that Mum failed to protect the children from you, if they are false the court may be concerned about your children being emotionally abused by the effect of the hostility between Mum and you. To ensure that your children are safeguarded the court have asked that children services carry out a section 37 assessment.

By ordering a section 37 investigation, the court are asking the local authority (children services) to find out whether they should apply for a care order or supervision order in respect of your children or provide any other services or assistance in respect of your children.

The court themselves are not allowed to initiate care or supervision proceedings-only a local authority can apply for such orders and then the court would decide whether these should be granted.
You are right to expect to be involved in the assessment of your family. As well as speaking to Mum they will also want to be able to assess you, your profile and position in respect of your children. They should also provide a history of children services and other agency involvement with your family, any relevant background to the court proceedings, the social worker’s comments regarding the welfare checklist and comments as to whether there should be a court order or not.
The report should conclude whether or not children services will take care or supervision order court proceedings or if not, what services, if any, will be offered to you and your family.

The report will need to be filed at court and a copy sent to you or your solicitor. The social worker who prepared the report will be expected to be available for the court.
If the assessment is not sufficient-ie if you were not involved in the assessment –then you would be able to ask the court to order children services to carry out a further assessment.
Here is our advice sheet about care and related proceedings which will give you a good idea about what to expect if it was concluded that care or supervision proceedings should be initiated by children services.

I hope this answer helps but please post back if you have any other questions.

Best wishes,

Suzie